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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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HFC bank and Restons newbie needs help! ***WON***


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The DN you have posted does not appear to be a default notice, it is labelled as a default sums notice, if it is there equivalent of a default notice then it complies with none of the requirements for a default notice and would be thrown out in court in the first 5 minutes, It was for me and they only got the dates wrong, having said that if they haven't sent you a default notice then they cant take you to court anyway, (bare in mind mine was for a credit card and I am not sure if the rules are different).

 

Please wait for confirmation from the other cagers, I would risk the information I give for myself but prefer confirmation if its for others, all I can say is it worked for me and the people here saved me a £21,000 + debt.

 

If you do have another DN then post it here and we can pull it to pieces.

 

You seem to have a very level head on you despite what has/is happening, keep your chin up and the folks here will help you through it.

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Thank you :)

 

I do not have and have never received a default or termination notice..so what are my options. Do I file that as part of my defence??

 

Also in the CPR 31.14 where it says

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

what part of this do I delete..non of these are mentioned on the court papers

 

 

When I did it the first time I asked for everything mentioned even though I didn't know what it meant, If you ask for everything and see what if anything you get back it doesn't do any harm having anything twice.

 

With Restons you are likely to get a letter saying something on the lines "we do not respond to unsigned draft documents" keep it as a bit of extra ammunition in court if you need, it shows how helpful they are when you are trying your best to resolve the issue.

 

If they have no DN then they can not take you to court.

 

 

A little tip is to keep all correspondence and the envelopes make a note on the envelope when it was received and keep it with the document that arrived in it.

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  • 5 months later...

Yep contact the court to confirm it, if you cant confirm it yet get your court bundle and be in court just in case.

 

Their wording if they wish to continue with the case for me was different, with me they requested a short hearing for direction.

 

They give you enough information to get your hopes up but not enough so you have a clue what is happening.

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